Patna High CourtCR. MISC./23219/2023bail granted

Sabita Devi v. The State Of Bihar

2023-05-12Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23219 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- AMNAUR District- Saran ====================================================== SABITA DEVI Wife Of Santosh Nut R/V- Gangapur, P.S.- Amnour DistSaran At Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Amnour P.S. Case No. 12 of 2023, dated 27.01.2023 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30 and 30(a) of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 177.7 litres of country-made wine and the same is stated to have been recovered from the petitioner's hut and as per FIR only 12.7 litres of said wine is alleged to have been recovered from the conscious possession of this petitioner who is a lady and has been languishing in jail since 28.01.2023 and against her

Patna High Court CR. MISC. No.23219 of 2023(2) dt.12-05-2023 2/2 investigation has been completed and she has fair and clean antecedent. Further submission is that the petitioner's husband has also been made accused in this case and at the alleged place of recovery, petitioner and her husband were residing at the time of recovery of the alleged wine.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation and also the fact that the petitioner is a lady and languishing in jail since 28.01.2023, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Amnour P.S. Case No. 12 of 2023.

(Shailendra Singh, J.) maynaz/- U T